§ 906 — Contents of petition for adoption

The petition shall state:

(1) The name, address and marital status of the petitioner or petitioners;

(2) The sex and date of birth of the child whose adoption is sought;

(3) The relationship of the petitioner to the child;

(4) The name of the person, persons or organization legally qualified to consent to the adoption and the basis for the existence in such person, persons or organization of the right to so consent;

(5) The date of the child’s placement in the adoptive home, or, in the case of a child to be adopted by a stepparent, the date of the marriage of the stepparent and the child’s natural parent;

(6) The name to be assumed by the child upon adoption;

(7) If, in the case of an adoption by a stepparent or blood relative, there has not been a prior legal termination of parental rights, the petition shall also include:

a. The name and residence of the mother and natural father or any presumed father, as defined in Chapter 8 of this title, of the child whose adoption is sought. If either or both parents are deceased, a statement to that effect, with a certified copy of the death certificate or certificates attached.

b. The mother’s marital status at the time of the child’s conception and birth. In the event that the mother was not married at the time of the child’s conception or birth, or in the event that she was married at the time of the child’s conception or birth but her husband at those times is not the child’s natural father, an affidavit by the mother setting forth either:

1. The name and last known address of the natural father; or

2. A statement that the mother knows the name of the natural father but is unwilling to disclose the name of the natural father; or

3. A statement that the mother does not know the name of the natural father; or

4. The name of the natural father, and a statement that the mother has never known his address.

c. In the case of a stepparent adoption where the petitioner is the wife of the alleged natural father and the child to be adopted has been born out of wedlock to the father and another woman, evidence of paternity blood testing which does not exclude the alleged natural father.

(8) In the case of a child being brought into this State from another state or country for adoption in this State, proof of compliance with all requirements of the Interstate Compact on the Placement of Children, as set out in Chapter 3 of Title 31, relating to such placement.

(9) After execution of the petition by the petitioner or petitioners, there shall be attached so as to preserve the confidential nature of the information contained therein, as required by § 923 of this title, the exhibits set out in paragraphs (7)a., b. and c. of this section; provided, however, that confidentiality is not required in the case of a petition by a stepparent or blood relative or where the birth parent or parents and adoptive parent or parents have exchanged identifying information as provided in § 929 of this title and copies of the written agreements required thereunder are attached:

a. The birth certificate of the child.

b. The legal name of the child whose adoption is being sought.

c. All required consents, or facts justifying the absence of consent, or a certified copy of the Court order terminating or transferring parental rights.

(10) All petitions for adoption filed shall have attached thereto affidavits of the petitioners stating the amount of the service fee charged by all agencies and any other expenses paid by the adopting family in the adoption process, and attesting that no intermediary assisted in locating the child.

Legislative History

Code 1935, § 3551B; 48 Del. Laws, c. 134, § 3 ; 13 Del. C. 1953, § 906; 55 Del. Laws, c. 248, § 1 ; 57 Del. Laws, c. 363, § 4 ; 59 Del. Laws, c. 466, § 4 ; 60 Del. Laws, c. 241, §§ 3, 4 ; 68 Del. Laws, c. 259, § 1 ; 70 Del. Laws, c. 186, § 1